Applicability Of Changes To EPA Solvent Contaminated Wipes Final Rule

US EPA has revised federal regulations on managing solvent-contaminated wipes under 40 CFR 261.4(a)(26). The rule conditionally excludes from the definition of solid waste solvent-contaminated wipes that are cleaned and reused (“reusable wipes”), and under 40 CFR 261.4(b)(18), which conditionally excludes from the definition of hazardous waste solvent-contaminated wipes that are disposed (“disposable wipes”).Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes, provided the conditions of the exclusion are met. Solvent-contaminated wipes that are sent for disposal are not hazardous wastes, provided the conditions of the exclusion are met.

The final rule includes reusable wipesthat contain trichloroethylene, however, it does not address disposal wipesthat are hazardous waste due to the presence of trichloroethylene.

The rule does not include wipes that contain listed hazardous waste other than solvents, wipes that exhibit the characteristic of toxicity, corrosivity, or reactivity due to non-listed solvents or contaminants other than solvents, or wipes that contain listed hazardous waste other than solvents.

The final rule revises Federal rules only; all States with the exception of Iowa and Alaska are delegated to enforce Federal RCRA rules. Delegated States will need to revise State hazardous waste rules or guidance in order for Federal rule changes to be applicable.